FLORIDA PRISON LEGAL ers .ectives OLUME 14 ISSUE 2 ISSN# 1091-8094 MAR/APR 2008
2009 and overcrowding ifnew prisons aren't funded. T.ents Used to Scare. Lawmakers hung tough, some suggesting hanging extra Legislators Into Funding bunks in cells housing non-violent and elderly prisoners (without regard to space requirementS).' Another' More Prisons' suggestion was made to send florida prisoners to prisons in other states, which other states with overcrowding hortly after the Florida Legislature went into its problems have been doing for years. The FDOC swung Sregular session in March ofthis year, with deep cuts in back, saying it has no plans to send· prisoners out ofstate, agencies' budgets expected in the face of a state budget but it does have plans to buy metal buildings that can be shortfall, the Florida Department of'Corrections came out readied quickly for prisoners and surplus military tents to fighting for an increase to its budget to continue building houSe prisonerS. ' ' more prisons. In fact, punching quickly, by the end of March the The FDOC's first blow ' was ;a right' cross, 'the FDOC announced. that it was already putting up tents at department's secretary warned legislators that large budget eight prisons around the state. Uping the rhetoric, the cuts will lead to more cramped and dangerous -prisons and FDOC justified ~e 'tents claiming the system was getting a rise in crime around the state. "dangerously close to reaching 99 percent capacity," at In January the FDOC was riding high, Gov. Crist's which point state law will' mandate earlyrel~se for proposed state budget urged 'lawmakers to give the prison certain prisoners. That state law is the result of federal system $343 million more to build more prisons this year court intervention in-the 1980's and 90's when Florida was over and above its $2.3 billion budget That, however, was forced to reduce its prison overcrowding and fold up tents before the outcry really took off that Florida is facing a that it was housing prisoners in then. budget crisis and that deep cuts are going to have tobe 'U,sing the tents as a threat, theFDOC raised 24 ofthem made in all areas. ateight sites in March, An FDPC spokesperson said the As the legislative session progressed it was made clear department plans on erecting 108' of the tents during the that the FDOC was going to face cuts too. Legislators'said next 18 months. "'that despite a surge in prison admissions the budget Each ofthe tents measure 18 by 24 feet, cost $20,000 crunch could tnean scaling back prison construction and each and house 22 prisoners. They feature ceiling fans, a expansion. The FDOC responded by claiming that with large exhaust fan, a heat pump and wooden floors. the current 96,000 state prisoners the system is already at Separate shower, and bathroom tents will also be erected 97.3 percent of capacity and pointing out that it is and prisoners will eat in, the existing food service expected ~e.prison population,wit, ,~ch 105,000 by ~id- . buildings at the, prisons'where th\' tents are located. ' Florida Prison Legal Perspectives
>"'iiORiE~"!~"I~~!!,'i;t;1Il~~E':': The department claims the tents are a temporary .. : ::-:":":".:,; .. :.: . solution, just to get them by until the budget crunch is over. '" .:" .. The legislature seemed to be unfazed by the FDOC :". :::" , ' ....:.; ....• :-:<. .:." ••••••••:. :.:-.::\ historically dangerous tactics, by mid-April there were proposals to cut the FDOC's $2.3 billion current budget by ,1.1~~ill $160 million. That reduction would come from gutting ...: .".. " ,...... " <,". :: ::/~i.<'~ 1 prisoner education, vocational and drug ,rehabilitation :~~A~(", ,;;~~.,:',',"'" ""'.,':1 programs, a direct reversal of what FDOC Secretary Walter McNeil and his predecessor, Jim McDonough, have advocated. ' . .. • ~." .• . ...:::j InUne with what McDonough had proposed before his unexpected retirement in January, McNeil said keeping those programs means lower costs for oversight of low risk prisoners who are making the transition back to public life. It also means that prisoners with drug problems or a lack ofworking skUls are better able to make a permanent return to public life. ' ' ' Without them, McN~i1 said, "my suspicion is that there is going to be an increase in, ,?rime in our state" as prisoners unprepared for life outside of prison are released. ' , .' , Undeterred, the Legislature count,ered with an uppercut, proposing that benyeen 1,400 and 2,QOO jobs may have to be cut in the department While suggesting 'to cut prisoner programs, which'likely will lead ~ increased crime, didn't stir up much objection, the suggestion to cut jobs for FDOC probation and 'cOrrectional officers sent'a stream of them, reeling to T~lIaha$$ee to protest oUtSide the Capital building. " ,. It doesn't take a Don King to figu~ ~ut that whatever happens Florida prisoners ,are going to experience some hardships in the future~. Bl,lt the big'loSs will' be to Floridians as the crime rates will increase willi the expec~d cuts to, public education,' when 'Florida a'lready has one of the highest droPout rates in ilie 'country~ and with the continued refusal by legislators to implement and fund proven programs that would 'reduce prison recidivism.. _,
2 Florida Prison Legal Penpectives
-Federal Habeas Corpus to articulate it's analysis ofthe federal constitutional claim is not an adjudication on the merits. Treating the state Title 28 U.S.C. Section 2254 court's decision as ~e focus for analysis, the Eleventh Circuit has reached the opposite 'conclusion in Wright v: Standard ofReview 11I by Dana Meranda Sec'y. Dep't. of Co"ections, 278 F.3d 1245, 1254 (11 Cir. 2002), (joining circuits that have concluded that the he Antiterrorism and Effective Death Penalty Act of summary nature of a state court decision does not lessen r1996 (AEDPA) amended the statutory provisions that the deference that it js due)~ , tlvern fact review. State court fact·findings, if fairly The amendments to section 22S4(d)(I) have changed lade, will be accorded a presumption of correctness and federal habeas corpus review, in three basic ways. First, ~tion 2254(eXl) now provides that the burden of the statute provides that the federal court is to review the :butting the presumption of correctness is by clear and state court "decision" that'denied the claims'now raised in lnyincing evidence. Addington v. Texas, 99 s.ct 1804 the habeas corpus petition, as opposed to adjudicating those claims independently of the state court decision. 979) (discussing the lIclear and convincing" standard of 'OOt). ., . Consequently, section 22S4(dXl) eliminates the prior rule Courts have generally equated section 2254(eXl)'s of adjudication de novo (or from scratch) and makes the ' >Dcept of "clear and convincing evidence" with the state court decision (rather than the specific claim raised :learly erroneous" standard appellate courts use to review in the habeas petition) a primary focus of federal court IstriCt court fact findings. Inre Heidnik 112 F.3d lOS, review. Jackson v. COa/ter, 337 F.3d 74, 83 0" Cir. \2 (31ll Cir. 1997). ' . 2003). ' " . 28 U.S.C. sections 2254(d)(2) and 2254(e)(l) govern The federal court should examine the merits of the meri~ abeas corpus fact review. Courts that .have interpreted claim first, then, if there 'is' 'to: the constitutional nd applied these amended sections to situations were the issue, the court should review the state coutfs decision to tate courts made no finding of fact. on a. determinative determine whether the criteria of section, 2254(d)(I) iSue, Bell v. Cone, 125 s.ct. 847, 856 (200~),or ifa state precludes a grant offederal habeas corpus relief. . ourt rmding ,was the product of unfair procedures, or is Second, in reviewing the state court decision to lot supported by the state court recofd, the federal court, determine whether secti9n 2254(d)(I) limits relief, the federal law to which the state court decision is compared it free to reach its own independent judgment on the luestion. Wiggins .v. Smith, 123 s. ct 2527, 2539 (2003)~ is limited to clearly established federal law, as determined raylor v. Maddox. 366 F.3d 992, 1000, 1014 (9th Cir. by the Supreme Court of the United States. Hart v. !004). . • , Allorney General, 323 F.3d 884, 893 n.16.(11III Cir.) cert. Under the ~DPA, federal habeas corpus review ,of denied, 540 U.S. 1069 (2003). .. It~ courts' legal and mixed legal-factual rulings is And third, amended section 2254d1 establishes certain lubJect to the amended section 22S4(d), which provides limitations upon relief in those cases in which the federal hat a state prisoner's ha~ .corpus application shall not court finds constitutional error. The federal court cannot grant federal habeaS corpus reliefunless its review of the :Ie granted with respect to any claim that was adjudicated' state court decisiop on the basis of clearly establishes . lD the merits in State court proceedings, unless the S~preme uljudication ofthe claim: Court law reveals that the state court decision was defective in one of two way~ither (I ) that the ~l) resulted in a decision that was contrary to, or involved "decision was contrary to clearly estab'lished Supreme !n unreasonable application of, clearly established Federal Court law"~ or (2) that the "decision involved an law, as determined by the Supreme Court of the United unreasonable application of clearly established Supreme States; or Court Law." , (2) resulted in a decision that was based on an The state court decision is the central focus of the unreasonable determination of the factS in light of the federal review process. , " evidence presented in the State court proceeding. ' A state court decision will be contrary to clearly establis~ed precedent if the.state court applies a rule that Section 2254(dXl) places a new constraint on the contradIcts the governing law set forth in our cases. Penry power ofa federal· habeas court to grant a state prisoner's v. Johnson, 121 S.ct. 1910, 1918 (2001), (quoting Williams application for a writ of habeas corpus with respect to v. Taylor 120 s.ctat 1519). claims adjudicated on the merits in state court. Under A state court decision will be contrary to our clearly section 2254(d)(I), the writ may issue only if one of the established precedent if the sJate court confronts a set of two conditions is satisfied. Williams v. Taylor, 120 s.ct facts that are materially indistinguishable from a decision 1495, IS23 (2000). of this Court and nonetheless arrives at a result different So~e Federal courts have concluded (for purposes of from our precedent. Accord Penry v. Johnson, 121 s.ct: at 1918; . section 2254(d» a summary state court opinion that fails 3 Florida Prison Legal Penpeetives
In consttuiJ.1g the "Unreasonable application" clause, the .FPOC Lt~ Sentenced To Court· explained"a state-court decision that correctly Life In Prison -identifies the' governing legal rule but applies it by Melvin perez unreasonably' to the facts of a particular prisoner's case would certainly qualify as a decision involving an unreasonable application of clearly established federal Marianna judge sentenced a former Liberty ( law." Wiggins v. Smith, 123 s.ct. at 2534-:-35. Alieutenant, Julian Jack Shiver, to life in prison ( The unreasonable application inquiry should ask January 29, 2008. .whether the state court's application ofclearly established Shiver was involved in a shooting that took place at federal law was objectively unreasonable.. Cottondale residence that left his wife dead, Lisa Shive The question under the AEDPA is not whether a who worked at Calhoun CI. . , federal court believes the state court's determination was .Authorities say that Shiver knocked on the door of,tJ incorrect but whether that determination was residence and asked for his wife. A man later identified a unreasonabl~a substantially higher'threshold. Schriro ~. Paul Barber Jr~, who also worked at Calhoun CI, told hil Landrigan, 127 s.et. 193'3, 1939 (2007). to leave. Shiver then kicked in the door, shot hi~ wife Some increment 'of incorreetnes,s beyond error is the head with a 9 millimeter and then turned and fired ( required. McCambridgev. Hall, 303 F.3d 24, 36 (1 st Cir. Barber. 2002) (en bane). The increment need not necessarily be Thereafter, Barber ran and got a shot~ and fire great, but it must be. great enough to make the decision back, shooting Shiver twice in the torso. Barber the unreasonable i'n the independent and objective judgment called 911 and emergency workers arrived at the' 5ce1l ofthe federal court. Francis S. v. Stone, 221 F.3d 100, III which found Shiver and· his wife. on the floor. Shiver (2nd Cir. 2000). wife died in a Dothan hospital six days later. Despite the foregoing analysis, the "objective Shiver waived his rightto trial,after -admitting he she unreasonabJenessu standard awaits definition by the Court his wife and Barber, then entered a guilty plea. n in future cases. charges included second degree murder, attempted secon The Supreme Court has made clear that AEDPA does degree murder, burglary while armed with a' firearm, an not require. a federal habeas court to adopt anyone shooting into an occupied dwelling. methodology in deciding the only question that matters Before sentencing Shiver, the judge addressed him an under section 2254(dXl )-whether a state court decision is stated: "[t]he bottom line, by pleading'guilty to the chq contrary to, or involved an unreasonable application of, , of second degree murder, which is a first degree felon: clearly established Federal lllw.Lockyer \I. Andrade, 123 punishable by life since a fire arJ1\ was used, you woul, s.ct. 1166, 1172 (2003). . serve. a natural life term, do you understand that?" Shive Acquiring· relief from the federal courts in the current replied '''[y]es, sir." In Florida, life means lif~ said Jo era is almost nonexistent. This is illustrated in FPLP Vol. Grammer from the office ofthe State Attorney. 13, Issue 5/6, pg. 1-2 (A study conducted by Vanderbilt . Bob Sombathy, Shiver's attorney, requested that hi University) that Itof 2,384 non-capital cases examined, client be allowed to s"rve his time in federal prison only 7 petitioners won relief in the federal courts." instead 'of having. to serve time in the same system hi Nonetheless, it is important that the petitioner stay abreast worked for as an officer. The case would be reviewed of current and developing case .law when contemplating said the judge. _ the pursuit summarized "bove. _
FLORIDA CLEMENCY SPECIALIST FOR ASSISTANCE INFORMATION: www.nationalclemencyproject.com Soy Patties, Reduced Calories for Florida . NATIONAL CLEMENCY PROJECT. 8624 CA~P COLUMBUS ROAD Prisoners , HIXSON, TENNESSEE 37343 by Teresa Bums Posey (423) 843-2235 uring Marc;h '08 as the Legi!lature went into sessio Dand talk about big budget cuts in Florida sta government increased-. ·becoming the theme of d
4 Florida.Prison Legal Perspectives session, Aramark Corporation, a private for-profit to 3,500. And Florida is actually providing between 2,900 company which has had a contract to feed the majority of and 3,100, depending on Aramark'sunauthorized state prisoners si]1ce 2001, chimed in on how to save manipulation ofthe menu it is suppose to be following. taxpayers money":""feed prisoners veggie burgers and fake , And contrary to .Crist's assertions, dieticians say that chicken nuggets. the healthy. weight ofa 37-year-old male-the average age' Aramark, which'has a 570 million-per-year three year of Florida prisoners-who is 5 feet 9 inches tall is 160 contract with the state, proposed a variety of what it pounds. To maintain ,that weight with daily living claimed were cost~cutting measures to help the state deal activities, and just one hour of ext!rcise or labor, requires with an expected $2.7 billion budget shortfall next year. 2,937 calories a day. And ,more calories are needed, if Trinity Food Services, Aramark's competitor. in prison exercise ~i'la~or increases ~eyond that. food service'vending, also has a contract with the Florida Yet, unde'r pressure to accommOdate ideas at least, in Department of Corrections. Trinity gc;ts $25 million per ' March DOC officials bit 'into veggie burgers and imitation year. Together the two private for-profit companies feed chicken nuggets supplied by Aramark and suggested as all ofFlorida's 96,000+ state prisoners. replacements for higher-cost, grain-fed prOductS such as Aramark's "altruistic" suggestions came shortly 'after . hamburgers.' . ' calls were made for ail investigation into the company's Two thumbs up, DOC officials gave the veggle burger, contract with the state (sc;e related story in this issue of a big thumb down 5 Florida Prison Legal P~rspectives investigation of the Aramark CorPoration's food service Constantly doesn't follow the menu or recipes, serves poor contract-with the Florid~ DeplP1ment ofCorrections. .. quality, poorly prepared food" and the" sanitation is The "coalition is calling for a state investigation of atroCious. At" Sumter the food trays stayed filthy and in the Aramark's past.ahd "current conduct in Flonda prisflns, summer you couldn't eat for trying to fight swarms of especiaUy concerning the gap betweenmealsseJ:Ved and flies. Guys who could mostly ate out ~f the canteen, not . meals billed for, savings to the company frolll changing very healthy, but it beat cabbage and the turkey scrap meat the approved menu, and hiring' of any' state official who that Aramark uses for everything. Of course, the less approved menu changes." " Ararnark feed the more profit it makes. Something's wrong The coalition says that kamark should return to the with that picture." " state millions .of doll~ the private for-pro~t company Aramarkclaims that since 2001, when former Gov. made through serving reduced quality" food to prisoners 'Jeb Bush ordered the FDOC to give Ararnark the contract and through the resultant drop of over 8 percent in to feed 90 percent ofthe state's prisoners, that it has saved prisqners showing up to eat in the Ararnark-run chow halls Florida taxpayers over $100 million. Critics say the reality between 200 I" (when Aramark got the contract to feed the is such savings are smoke, that the starchy, poor quality majority ofFlorida state prisoners) an(l2007. Aramark food has and will continue to increase medical The coalitions also called on the state to re-bid costs for prisoners, especially with prisoners serving Aramark's contract and replace it with a contract (and longer terms. " ., another company) that ~aintains stable facility condition~, It could be worse for. prisoners. niere has been some ensures that savings are passed along to taxpayers, and talk about the FDOC taking over food service again. There , removes incentives to reduce food quality and nutrition in would go the fruit juices, fresh fruits, fairly freshsalads, order to increase profits. Specifically, this would include and very likely a return to even worse food preparation contractors being paid based 'on meals actually served and sanitation and possible wholesale theft of food by rather than the prisoner population, regardless of whether FDOC employees, as was the situation before the food they.eat a meal Qr not,. ~ the Ararnark contract has service was privatized._ provided. " A spokesperson for Aramark responded to the coalition's call'for an investigation saying, "The charges Land ofthe Imprisoned "they level about oui' business in Florida have been proven to be baseless." In support of that. claim Aramark points out that the FOQC is still a client, which would not be the ccording to a ne~ ,report released Feb..28, 2008, by . case if Aramark wasn't providing top quality, best-value Athe· Pew Center on the States. for the first time in US service. In a recent survey, the department s~red history, more than one ofevery 100 adults in America are Aramark very highly when asked if it would hire the in prison or jail. Whether per capita or in raw numbers. it company again. However, no explanation was given by is more than any other countrY in the world, making the Aramark as" to why, the FDOC suddenly terminated US t~e world's No. 1. incarcerator of its own citizens, the Aramark's contract for, the FDOC's Region II and gav~ it report states. to a competing comp~y, Trinity Food Services, in Using state-by-:state data, the' Pew researchers found October 2007. , . that at the start of2008 there were 2,319,258 Americans in Ariunark's spokesperson also complained that the jail or prison. To incarcerate so many, the 50 states spent unions failed to take into account that as part of the over $49 billion on' corrections last year, that's up from accreditation process Aramark is routinely inspected by less than $11 billion 20 years ago, states the report. the American Correctional Association (AcA) and others The report shows how the pri,son population increased who require that good meals be served to prisoners. "We in 36 ~tes and the federal prison system last year. The couldn't pass these inspections with the incredibly high .report singled out Florida to use as an example "case study marks we routinely receive if we didn't," said the in growth." Florida is expected to have 99,000 people in spokesperson. Not mentioned was that Aramark always .its prisons by the end of June this year (it currently has receives advance warning when the ACA is going to 96,000 in March). Only Oregon spent a larger share ofits il)spect a Florida priso~, giving it time to clean up the general revenue on incarceration, the report says. kitchens and prepare better meals that follow the FDOC The report was compiled by the Pew Center's Public menus while inspectors are there.. Safety Performance Project, which is working with 13 According to one prisoner, Mike C., who recently states to divert offenders from prison without jeopard.izing served several years at Sumt~r Correctional Institution public safety. /' located in Central Flori~ "Aramark has been one of the In related news: In mid-March the US State worse things to happen to the Florida prison system in Department released its usual annual human-rights report recent years. When they first took over the food was okay that, .i~nically, condemned Russia, Burma and China for for about siX months, after that it got worse. Aramark arbitrarily imprisoning too many oftheir citizens. Florida Prison Legal Perspectives Shortly thereafter, China released its own report on despite a lengthy list ofevidence that tended to show that human-rights violations in'the US. The report cited the US he couldn't have' committed the, crimes. The conviction government's own statistics showing that violent crime, stood for 24 years until DNA testing proved he didn't do it particularly guri deat!ls, increased in the US last year. It and he was freed in 2006. " also criticized the high rates of incarceration in the US Crotzer is one of nine men in Florida who have now (which is, per capita, six times that of China), infant been exonerated by DNA testing. Eight of them were mortality, and uninsured families. freed. while one died in PCison just before the testing proved his innocenge. , In addition 'to the $1.25 million, Crotzer will also receive free tuition to take classes at a state university, Crotzer Awarded college or career center, ifhe wants it. He earned his OED 51.25 Million while in prison. The monetary compensation that he will receive amounts to about $137 for every day that he spent in prison. n April 3, 2008, the Florida Senate approved paying. "Justice can prevail," Crotzer said after hearing the Alan Crotzer $1.25 million for the 24 years that he O Senate's action. "They showed they can, have integrity."_ spent in Florida's prisons for a double rape that he was wrongfully convicted of committing. The Senate voted unanimously for the compensation bill that had already been approved by the House. Gov. Crist said he looks forward to signing the bill into law, finalizing Crotzer's receipt ofthe compensation. Crotzer, 47, was convicted in 1982 for allegedly abducting and raping two women from a T~pahome, David W. Collins, Attorney at Law Former state prosecutor with more than 20 years ofc~nallawexperience "AV" rated by Martinda~e-Hubbell Bar reg,ister ofPreeminent L~wyers . ' Your voice in Tallahassee' representing prisoners in all areas ofpost-conviction relief: Appeals Plea Bargain Rights 3.800 Motions Sente~cing'arid Scoresheet Errors 3.850 Motions Green, Tripp, Karchesky, Beggs cases State and Federal Habeas Corpus Jail-time Credit Issues Writs ofMandamus Gain-time Eligibility Issues Clemency Habitualization Issues Probation Revocation Issues Write me today abo1,lt your case! David W. Collins, Esquire P.O. Box 541 . Monticello, FL 32345 (850) 997-8111 "1he hiring ofa lawYer is an important decision that should not be based solely upon 'advertisements. Before you decide, ask me to send you free written in'formation about my qualifications and experience." " . . .., . Florida Prison Legal Perspectives Loren D. Rhoton' ____.p.o.st.c_o.nv_i_~t_io_n.A_tt.o.rn.e_y. 1 • Direct Appeals • Belated·Appeals .• ,Rule 3.850 Motions • Sentence Corrections • New Trials • Federal Habeas Corpus Petitions 412 East Madison Street, Suite 1111 , Tampa, Florida, 33602 (813) 226-3138 . Fax'(813) 221-2182 Email: [email protected] Website: www.rhotonpostconviction.com The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you tree written information about our qualifications. BUY THE BOOK - ON SALE NOW POSTCONVICTIONRELIEFFOR THE FLORIDA PRISONER A Compilation ofSelectedPostconviction Corner Articles A collection ofLoren Rhoton's Postconviction Corner articles is now available in one . convenient book geared towards Florida inmates seeking justice in their cases. Insights basea on professional experience, case citations, and references to the relevant roles ofprocedure are provided. This book, is specifically directed toward those pursuing postconviction relief. To order, send $20.00 in the form ofa money Qrder, cashier's check or inmate bank check (no stamp's, cash or personal checks please) to the'address above, or . . order online at www.rhotonpostconvicfjon.com•. 8 POST CONVICTION \ by Loren Rhoton, Esq. CORNER , ...... , My articles usually focus on specific issues relating to postconviction cases. One ofthe'main areas that arise iIi postconviction cases relates to ineffective assistance oftrial counsel. The right ofan accused to counsel is beyond question a fundamental right. See, e.g., Gideon v. Wainwright, 372 U.S. at 344,83 S.Ct. 792, (liThe right ofone charged with a crime to counsel may not be deemed fundamental and essential·to fair trials in some countries, but it is in ours."). Without counsel the right to a fair trial itselfwould be oflittle consequence. United .States v. Ash, 413 U.S. 300 (1973); for it is through counselthat the accused secures his other rights. Maine v. Moulton, 474 U.S. 159 (1985); See also: Schaefer, Federalism and State Criminal Procedure, 70 Harv.L.Rev.l,8 (1956); ("of all the rights that an accused person has, the right ~o be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have."). It is well entrenched that this right to counsel is the right to effective assistance ofcounsel. Evitts v. Lucey, 469 U.S. 387 (1985); Strickland v. Washington, 466 U.S. 668 (1984). In this article, instead. offocusing in depth on just one issue, I would like to give a list ofpotential ineffectiveness ofcounsel issues with cites to relevant cases. As with all ofmy articles, I recommend that the cases which are cited are checked by the reader to make sure that they are applicable'to your particular case. With that being said, here is a list ofsome potential ineffectiveness ofcounsel issues: . . -Counsel's Conflict ofInterests- Lee v. State, 690 Sd.2d 664 (Fla. 1st DCA 1997); Cuyler v. Sullivan, 446 U.S. 335 (1980) [An actual conflict of interest on the part oftrial counsel can impair the perfonnance ofa lawyer and ultimately result in a finding that the defendant did not receive effective assistance ofcounsel]. State v. Coney, 845 S·0.2d 120, 133 (Fla.,2003) [Once a·defendant satisfies both prongs ofthe Cuyler test, prejudice is presumed and the defendant is entitled to reliefJ~ Alessi v. State, 969 So.2d 430 (Fla. 51b DCA 2007) [Gives in depth analysis to the conflict question and addresses the type ofconflicts which Florida has . recognized under Cuyler v. Sullivan analysis]. . -Counsel Conc,eding Client's Guilt- Although an attorney has the right to 9 Florida Prison Legal Penpectives make tac.tical decisions regarding trial strategy, the detennination to plead guilty or not guilty in a criminal matter is a matter which is left completely to the defendant. Nixon v. Singletaly, 758 So.2d 618 (Fla. 2000). The Due Process Clause ofthe United States, Constitution' does not permit an attorney to admits facts at trial that amount to a guilty pl~a without the client's ' consent. Brookhart v. Janis, 384 U.S. 1 (1966). The constitutional right of a criminal defendant to.plead'not guilty entails the obligation ofhis attorney to structure the trial ofthe case around his clienfs plea. Wiley v. Sowders, ' ,647 F.2d 642 (6th Cir., 1981). And, where defense counsel admits guilt without his client's consent, and thereby fails to subject the prosecution's case to meaningfUl adversarial testing" such a defendant is denied ofhis right to effective assistance ofcounsel and prejudice to said defendant is presumed. Nixon v. Singletary, 758 So.2d 618 (Fla. 2000). -Counsel's Failure to Move to SuppressPhysiqal Evidence-. Atrial attorney's (ailure to move to suppress evidence against a d~fend~t can constitute ineffe'ctive assistance ofcounsel. Kimmelman v. Morrison, 477 U~S. 365, 91 L.Ed. 2d 305, 106 S.Ct 2574 (1986). -Counsel's Failure to Move to SUJl.Press Confession- Jenrette v. State, 761 So.2d 41 ~ (Fla. 2nd DCA 2000) [postc~nviction claim that counsel was ineffective in failing to move to suppress defendant's confession was facially sufficient where defendant stated that he advised coun$el that his ;' confession was made while he was in custody but before he was advised of M!randa rights and that he would not have pled guilty to the charge ifhis coun~el had moved to suppress said confession]., Stancley, State,.917 So.2d 911 (Fla. 4th DCA 2005) [When a defendant alleges thai his attorney was ineffective for failing to move to suppress a confession based upon :faulty Miranda warnings, such an allegation states a faci~ly sufficient claim ofinei7ectiveness ofcounsel]. " -Iwoluntqry Plea Due to Misadvice ofCounsel- A guilty plea is not voluntary or intelligent ifadvice given by defense counsel, and on which a defendant relies in entering a plea, falls below a level ofreasonable I competence such that the defen 10 Florida Prison Legal Penpectives plea is considered involuntary ifit is induced by a defense counsel's promise which is not kept, and a defendant may withdraw his plea ifhe was misled and induced to plead by his counsel's mistaICen advice. Ricardo v. ~, 647 So.2d 287 (pIa 2nd DCA 1994). . . -Cumulative Impact q,fDefense Attornev's Deficiencies- The cumulative impact ofa defense attorney's deficiencies attrial can. prejudice a defendant and thus deprive him ofhis Sixth Amendment right to effective assistance ofcounse.1. Harris by and through Ramseyer v. Wood, 64 F.3d 1432 (9th Cir. 1995);.see also, Mak v. Blodgett, 970 F.2d 614 (9th Cir.1992). ["...significant errors occurred that, considered oumulatively, compel affirmance ofthe district court's grant ofhabeas corpus as to the sentence of death."); see also, Cooper v. Fitzsimmons, 586 F.2d 1325 (9th Cir. 1972) ["prejudice may result from cumulative impact ofmultiple deficiencies."]. This is so even where no single error ofomission ofthe counsel, standing .. alone, significantly impairs the defense. Ewing v. Williams, 596 F.2d 391 (9th Cir. 1979). See also, HellO' v. State~ 652 So.2d 1263 (4th DCA 1995). -Counsel's Failure to Present Mitigation Evidence at Sentencing- Asay v. State, 769 So.2d 974 (Fla. 2000) [counsel m~y be ineffective for failing to investigate mitigating circumstances where substantial mitigating evidence. could have been presented]; Reed v. State, 795 So.2d 140 (Fla. 5th DCA. 2001) [petitioner's claim for ineffective assistance ofcounsel based on counsel's failure to investigate and pr~sent mitigating evidence prior to sentencing was facially sufficient, and-thus he was entitled to hearing on . petition, where petitioner had history ofmedical and psychological problems, petitioner alleged he was released from mental health facility after suicide attempt day before committing burglary, assault, and grand theft, and petitioner's guilty plea allowed for possibility oflesser sentence if . mitigating evidence. were presented]; .and; Williams v. State, 529 U.S. 362 (2000) [ineffectiveness ofcounsel demonstrated were defense counsel failed to present substantial mitigating evidence at sentencing and where; but for counsel's errors, there was a reasonable probability that the outcome ofthe sentencing would have been different]. The above examples are but a few ofthe available issues relating to ineffective assistance ofcounsel. It is in no way exhaustive. Ifany ofthe above issues look like they may be applicable to a particular case, it is.recommended ~ . 11 Fltirida'Prisoo·Legal Perspectives that further legal research should be conducted. The examples are merely instructive and hopefully may have enlightened some ofrity"readers as to'potential issues which may he available. Nevertheless, this article' 'may he a good starting point for investigating issues fo~ a postconviction motion. In the future; I will endeavor to li~t additional issues which may be pertinent. , , Loren Rhoton is a member in good standing with the Florida Bar and a member ofthe Florida Bar Appellate'Practice Section. Mr. .Rhoton practices almost e~clusively in the po,stconviction/appellate 'area ofthe law, both at the State and Federal Level. He h~ assisted hundreds ofincarceratedpersons with their cases and has numerous 'written appellate opinions.• , " , ExPER.JE~CED CRIMINAL DEFENSE ATTORNEY AVAILABLE FOR STATE AND FEDERAL POST-CONVICTION MATTERS , . *Admitted to the Florida'Barin .1973 . * Over thirty years experience in ~~ practice ofcriminal Law * Providing representation in DirectAppeal~,Belated Appeals, 3.850 motions, 3.800 motions, 2255 motions, ~tate and Federal Habeas Corpus Petitions, Detainer Issues, and other Postconvicti,on ¥a~ers. , . I• Inquiries to: Law Offices,of ,Vanier'D.!M.tizar 2153 Lee. 'Roaa . . Winter Pari, :fL 32789 'fo((:free 'fet 1-888-645-5352' 'fet (407J 645-5352 . ::fax: (407) 645-3224 . ThG hiring of a ~awyor is an ilI;lortAn~ dac1D1on tha~Qhou1d no~ 1)Q based lIolely, Upona4verUIIOIIlQDU. Bofore you doc1do, aolt us =oend you frOG infoamUon Abou~ our qualUioaUona andexpor1once. --_.. - 12 . Florida Prison 'L,ega. Penpectives NEWS~RIEF 1 AR- Officials'are planning to open a , inmate mail' only to catch woods near the Longhorn Saloon'at high-security, penitentiary after a contraband. about 3:30 a.~ study released on January 24,·2008. The penitentiary would be at the DE- The guardian and a .. 17 year old FL- In 'March '08 Tiffany Cole, 26, Federal' Correctional' Complex itirl mistakenly .released from the officially became the only person on' Forrest City where the Federal New CaStle Detention Center turned Flori,da's female death row. Cole Bureau of Prisons already operates themselves in on February '3, 2008. received the death penalty after being three prisons that house about 4,000 The guardian' was asked by 'jail convicted ofthe robbery, kidnapping prisoners. The new facility could add officials if she was a group home and murders of Reggie and Carol about 1,000 prisoners. 'worker, whim she replied she was, Sumner, both 61. The couple's bodies ~ guards let her and the 17 year old go. were found in a shallow grave' aeross CA- On January 10, 2008, Gov. , Jail guai'ds called authorities after a the'border in Georgia in 2005. Three Arnold Schwarzenegger released his true group home worker arrived ofthe four people arrested in the case state budget proposal that' would looking for th~ girl. received 'the death penalty. Cole's begin in July 2008. One proposal boyfriend, Mi~hael Jackson, and calls for the early release of 22~000 DE- Calvin Harmon, 44, .escaped Alan Wade also received a death prisoners. from DOC personnel on January 6, sentence. The forth, Bruce Nixon, 2008;' at the Beebe Medical Center received .55 years in prison for CA- On January I, 2008, Sara Jane where he was being treated for a testifying against the others. Cole is Moore, 77, was paroled from a ,medical condition.. Officials say that being housed at the Lowell CI annex federal prison near San Francisco. Harmon was ~ought to be changing where the female· death row is No details were offered by prison into hospital garb, however, he located. officials for paroling her. Moore was eluded staff. ' convicted and sentenced to life in FL- As of April 20, '08, 'postcards prison for an assassination attempt ~ .On February ,13, 2008, four , are the only type .of pe~onal mail on President Gerald Ford on Sept. Hillsborough County' sheriffs that prisoners in the Lee County, 22, 1975. Moore served 32 years in officers ,0, were suspended for Florida, jail are allowed to receive. prison before being paroled. purposely tipping a paralyzed man Pictures are required to be printed on out ofhis wheelchair onto ajailhouse postcards, if sent,' and envelopes CO- Police released a statement on floor, said authorities. A surveillance 'containing any other correspondence, January 27, 2008, that Diago Olmos footage taken on January 29, 2008 ' aren't' allowed unless they' contain Alcalde, 38, had been arrested after a shows deputy Charlotte Marshall legal correspondence. The new DNA 'match on a 1997 rape, murder" Jones, 44, dumping Brian Sterner out policy was enacted in response to a and kidnapping. Alcalde was a of . his .wheelchair. 'Sterner was biohazard threat that locked down Wyoming prison parolee at the time , arrested on a warrant for a traffic the Charlotte County Jail in February ofhis arrest. , violation: 'Three officers were placed when a mail clerk fell ill after on ..administrative leave 'pending an opening a letter containing a white CO- Jessica Duran filed a lawsuit . investigation, Jones was suspended powder substance. The Charlotte Co. against Mesa County officials on without pay. The names ofthe three Jail has not restricted prisoners mail January 16, 2008, claiming that her other officers were'not released. ' following that incident, unlike privacy and civil rights were neighboring Lee County. It is violated. Duran argues that guards FL- Lake City officials arrested , doubtful the Lee County restriction passed around nude photos ofher she David Lee Sweet, 51, on January 30, will last long, p~soilers, especially sent to ,her husband while he was 2008, while checking a business area those in jail awaiting trial, retain incarcerated at the jail. 'And as a because 'of 'recent burglaries. Sweet significant· protections of First result, she' suffered emotional had escaped during the'month of Amendment rights. and if not , fdistress and humiliation. Jail officials December 2007 from the Georgia ~oluntarily lifted; the mail restriction respond by arguing that dtey open DOC and ~as found hiding in the will likely be challenged in court. 13 Florida PrisoD' Legal Pe'rspectives' Michaek Chaumont, 33, are bei.ng the women said she had sex with 'the FL- A Miami state judge sentenced charged with escape, battery on a law ' fonnerpolice chief after he promised fonner Miami police officer, Michael enforcement officer. and false I~nien~y 'for: her husband in a Ragusa,')2, to 10 years in prison on imprisonment. The charges stem drunkeil-driving . case. Prosecutors February 12, 2008. The former from an incident that took place on' had ~nitially charged Yates with rape. police officer entered a guilty plea to January 24, 2008. The two JIUI rape and kidnapping charges. Ragusa inmates tried to escape and four other m- Goy': Lingle requested' .federal Was accused of. sexually assaulting inPUltes halted the escape. The names money to put up temporary tent-like three women in Miami Beach, 'last of the four inmates. were;,not structures-on the Big island, Maui, year, while he was in unlfonn,and in released. The four jail inmates were and Kauai in Hawaii, after hjs patrol car. " " jail trusties. Officials say that at lawmakers on the outlying islands around 1:00 a.m., ari offiCer went.to opposed building a new permanent FLo The Justice Eq~ality. Human .another, section", to check on a prison. l1tis announcement was Dignity Tolerance Fo,undatton disturbance. when the two inmates made on January 30, 2008, and came announced on February '12, 2008, :came up. behind him' and 8rab~ed : in. an effort to' ease p~isoner that the former DOC secre~, Jim him iD a bear hug. The two took the overcrowding. McDonough. had accep.ted ~ posiqon officer's keys.' locked' him in the with the New York-based foundation dorm and tried to .~caPe through a IA- A federal lawsuit was filed on that promotes, crUD,inal' ju~ice f\fC exitwhere they were ,stopped by January 31, 2008, by Lisa 'Lambert ,re{()rm., McDonough ~,named. ,a ,the f~ur;trusties. ' asserting that the Woodburg County senior fellow for the foundation. T1}e Jail violated her constitutional rights foundation, which was c;~ed, I in FL- On February, 1, 2008, Shaun for s,trip searc~ing her. Lambert had 2000, has over,SI million iJ)v~te~ in Mcf.adden, 26, was arrested on two bl;en arrested on' a simple projects in Flori4a, including mental counts of misconduct With female misdemeanor. domestic abuse and health 'issues for people ..jn. the " iD~a~' he transported. McFadden claimed that the strip search was criminal justice syst~ and,juveni,le .worked with the -prisoner. transport _demeaning, dehumanizing, and justice reform. ' company Transcor. One of, the humiliating: inmates call1=(! authorities and FLo During the first week. "of notified them that McFadden had IA- DOC. is beefing up security at , February 2008, Tajuane Dubose, 19, taken them to a'hotel ,md. had sex the Oakdale prison officials a Duval County Jail 'inmate, .was with the two. Jail officials say he announced on January 7, 2008. High , charged with a nljsdemeanor .offense "picked ilp the twQ. female inmates tech fences and outdoor lighting will of viola(mg jail rules. Jail officials and told o~ci~s he was taking them be installed to prevent escapes at a say that Dubose was chai'ge~ because to a local hospital because they cost of two million. Officials plan to of six, disciplinary repo{tS, ~e ~!!d~'t been cleared m~ically for complete construction by early received for disrespecting officials, transport and l1~ed ppysicals. summer 2008. disobeying orders, and damag~n.g city ,Authorities ~ocated McFadden and a property!,Dubose is bejog hel4 at~e female inmate in the hotel room. . IN- A prisoner who spent more than jail awaiting;: t}ial for a mu~er two decades in prison for the murder charge. , of' an 89 year old' woman was GA- ..On _January.6, ~Ob8, a -fonner exonerated on January 28, 2008, '"., J, ..' FL- On February 9,2008, Kutana correctional offacer".Michelle after. a new DNA test. David Scott, Woods was fired· from the Juvenile ,Robinson, Was sentenced 10 three 39, left the Vigo County Courthouse Facility Xouth ~Ac8demy . for years probation. Authorities' Say ,that a free man after a judge ordered his unnecessarily intervening in,~ verbal ill.July 2008, ~obinson ~as, caught release. Officials say that another, de-escalating dispute ~eeo st8ff having sex with a prisoner .at the man has been arrested for the and a tee"ag~ inmate! Otlicial$ ~y Coweta -CQunty ~risori. ,_ She plead murder. that Woods used an unne~ guilty to violating her oath of office degree of force ~t caused the' 16 ,to avoid se~aI assault charges. KY- A former state police trooper, year old inmate a' broken, shoulder. who in 2005 admitted that he 'forced Woods w8.l!, a mental .health GA- David Yates, 42. the former an undercover informant to kiss him ~chnician at the facility. The name LUthem.ilIe' . police chief, ' was and tried to persuade a fellow state ofthe 16 year old was notreleased. sentenced to five years .in prison after trooper to lie to a federal grand jury entering a guilty plea on Febl'WlJi about the incident, was sentenced \0 FL- Two Columbi.a County Jail 14", 2008,to, coercing, sexual 10months in prison.Jason O'Bannon inmates, Anthony W~. 34, and encounters with two women. One of plead guilty on January 17, 2008, to 14 Florida Prison Legal Penpectwes witness tampering .and violating the safeguards. On February 26, 2008, complaint against the county sheriff infonnant's civil rights. the jail agreed it will no longer force in 2005 for emotional injury inmates to clean, up blood spills claiming he found worms in his food KY- During the last week ofJanuary without proper triiining or protection. prepared by the Aramark Company. 2008, three fonner Grant County }ail guards plead not gUiltY to Mo- A, prisoner at a St. Louis NJ- Union County Jail guards took encouraging a SfOUP of inmates to prison, Nonnan Lee Toler, filed a 20 hours to notice that two inmates rape another inmate who was 17 lawsuit on Jil;nuary 6, 2008, claiming had escaped during' the month of years old and cover it up. The three his soul 'is at stake because he is . December 2007. One inmate- was guards are Clinton Shawn Sydnor, Jewish and prison officials refused to captured on January' 8, 2008 in' 8 Wesley Lanham, and Shawn serve him with kosher meals in basement apartment one mile away Freeman. The charges against the prison. Officials argue'that Toler was from the jail, while the second three, include conspiracy against once labeled a white 'supremacist, inmate, was reported to be in rights and deprivation ofrightS under was found with photos ofHitler, and custody the next day at Mexico City. color oflaw. ' has Nazi-inspired tattoos. NJ- A Middlesex County Jail Inmate LA- On December 30, 2007, police MS- In Feb. '08 a fonner guard at the who tried to escape on January 19, arrested one of six teens who had federal prison in yazoo County was 2008, will be charged with escape, escaped' two weeks prior from the sentenced to 25 months in prisolt said authorities. Timothy Petties, 20, 'Youth Study Center. Three of the ·himself for providing cigarettes to it was unable to leave the jail. Officials teens were captured the same day, prisoner for' mon~y.' The former say that Petties crawled into the while two remained at huge. In the guard, Victor Dean, pleaded guilty in ventilation system where he stayed last 15 months there have been three December to bringing five cartons of for'two days. Jail guards found him escapes at the Center. cigarettes to.the prisoner for $1~OOO using a thermal imaging camera that which was wired tQ a friend of, detected his body heat. LA- A prisoner who spent almost 26 Dean's. '. years in prison for a rape he did not N1.W- Officials ch4lrged Tom Havel, cOmmit was released on January IS, 54, who was the head ofthe San Juan 2008, based on DNA tests. Rickey NC- A prisoner trying to escape was County Detention 'Center, with Johnson, 52 had been arrested in killed by guards on JanuarY 22, 2008, - kidnapping, aggravated' battery, and 1982 and at the time DNA testing at the' Johnston Correctional intimidation of a witness. The Wasn't available. Institution. Officials say that Adelino charges were brought against him on Nejera scaled twa fences surrounding January IS, 2008. Authorities say MD- A prisoner who was receiving a paint plant and ilP'0red ,several \ Havel beat his wife and held her medical treatment at the Laurel commands to stop before being shot. against her will. Havel was placed on Regional Hospital escaped after he Nejera was serving a '10 year paid leave pending the outcome of overpowered guards.' bfficials say sentence' for a second degree 'murder the charges. that Kelvin Poke" 45, briefly took a conviction in 200I. worker hostage before stealing two NM- The Bernalillo County getaway cars on January 2, 2008. ND- Jail inmates from the Rolette Metropolitari Detention Center Poke made his way:outside and shot County Jail were m'oved to other decided on January 10, 2008, not to out the window of a car, then drove facilit~es on'January 9, 2008, after lin accept prisoners who have away. Thirty miles away police inspection conducted during' the committed .technical parole found him and Poke tried to flee. month of'· December -2007. The violations. This move came in an Poke 'then got out of the car and inspection concluded that officers, at effort to cut cost and make space. opened fare on' officers who shot the'jail lacked training. Only one'out Officials claim that technical parole back and killed him. The hostage of eight guards had completed the violators are the responsibility ofthe was not seriously injured. Authorities required 120 hour state training faciHty that released them. gave no infonnation as to where program. Poke was serving time. NV- Prisoners will be transferred to NE- A Madison Count)' jail impale, other prisons from the SaO-bed ME- The York County Jail and the Emilio Paron, had his lawsuit Southern Nevada Correctional Maine Civil Liberties Union have dismissed' on January 2, 2008, 'for Center announced the head' of DOC settled a federal lawsuit filed by tltree failing, to prove deliberate on 'January IS, 2008. This will take inmates'lbat were foreed to clean up indifference to his health and safety. place in July 2008 and is part of a a' bloody cell in 2006 without Paron had filed a .civil rights plan to cut prison spending by $25 15 Flori~a Prison Legal Penpectives million. The director said that this cells will have double bunks. service weapon during an arguplent closure will save $11.5 million. Officials say that 32 prisons designed at their home. Lugo in recent years for about 37.000. prisoners are , hadmad~ two domestic abuse NV- During the first week ofJanuary holding almost 50,000 prisoners. complaints against the officer. 2008, legislation was enacted to try to reduce prison overcrowding. OR- Ajudge on February 27, 2008, PR- A Puerto Rico DOC employee David Smith, amember of the State sentenced. Bobby Cutts. to life in was fo~nd murdered on January 2, Parole Board. said that 1.600 prison widl a chance of parole after 2008, in ~e town of Taa Baja. prisoners will be eligible for parole 57 years. Cutts was a fonner police Officials say that Ana Diaz VBzquez, hearings in February. This number is officer who was charged with killing SO, wBs found dead in the back ofher more than double the hearings held his pregnant lover, Jessie Davis, 26, ford explorer with multiple stab monthly for parole eligible prisoners. and her fetus' in June 2007. The wounds. Police are investigating a fonner cop claimed that the murder prisoner who did time where NV- In a jail that has a capacity of was an accident during an argument. VBzquez worked who officials about 2.800 inmates:, with an average The jury spared Cutts' of the death believe killed her. The fonner of two fights a day, TV helps calm penalty. . prisoner's name w~ not releas~. the angry masses, said the Las Vegas Sun. The Sun reported on the Clark OK- Authorities charged Custer RI- The DOC announced that on County Detention Center during the County Sheriff Mike Burgess with January 6, 2008, 20 prisoners at a· second week of January 2008. The . coercing and bribing, female. minimum security prison at Cranston jail is about 700 inmates over prisoners so he could use them in a reCeived disciplinary action for capacity, however, gangs and rivals sex-slave operation run out of the participating in an ultimate fighting are able to sit together nicely and it county jail. Burgess resigned Apr. contest The prisoners claimed they keeps their mind occupied,· reported 16, '08, just as .state prosecutors filed were gathering in a donn room to the Sun. 35 felony charges against him, play chess, however, offiCers later including 14 counts ofsecond-degree noticed prisoners with bruises,. on NV- On February 28, 2008, a fonner rape, seven counts of forcible oral their heads and knuckles. Clark County Jail' inmate. Daimon' sodomy and five counts ofbribery by Hoyt, 42, pleaded not guilty to a public official. . RI- A jury acquitted Ernest charges oftrying to hire a hit man to Spaziano, a state prison correctional kill the judge, assigned to his case, OK- The head ofDOC, Justin Jones, officer, of assaulting a prisoner on the prosecutor, and' a police announced on February 14, 2008, January'31, 2008. Spaziano had been detective. Officials. say that Hoyt that prisons in Oklahoma had charged with a misdemeanor charge offered .to pay a fellow jail inmate reached 98.6% ofcapacity one week of simple assault. The incident took $10,000 for each killing.. prior. Jones called o!' lawmakers to place two years ago. Officials did not provide funding to buy new private say where Spaziano worked nor gave OR- After Major Frank Jackson prison bed space. the name ofthe prisoner assaulted. pledged to crack down on officer misconduct in 2006, more police PR- A Puerto Rico police officer, SC- An undercover officer captured officers and jail guards. were Edwin Davila Negron, 41, turned Te11Y Lowry, 59, who had escaped disciplined in 2007 than in the last himself in on January 6, 2008, hours on January IS. 2008, from the seven years, said a report released on' later after he shot and critically Federal Correctional Institution in December 30, 2007 by The Plain . wounded his wife, Maribel Alvarez, Estill. Officials say that Lowry was Dealer. In 2007, 25 officers were 35, who was also an officer. The waiting for a friend of a friend to given reprimand letters. retraining, incident took place in the town of pick. him up, when he inadvertently and unpaid suspensions or w~re Niguabo and came during· an got into a truck with the undercover dismissed. argument. between the two in. their officer who had him under home. Officials say that Negron used surveillance. His arrest took place OR- DOC officials said on January his service weapon in the shooting.. five days after he eScaped. 27, 2008, that they plan to add about 450 prisoners to two prisons in PR- On Jan~ary 13, 2008, Carlos UT- After a prisoner escaped from a Dayton. This move came in an Ranios Santiago, 37. a Puerto Rico doctor's office that left a prison guard attempt to ease crowding at the Ohio police. officer, was arrested for dead in June 2007, prison officials Correctional Institution. These killing his wife, Deborah Berrocales have been leading to more additions will bring both prisons to Lugo. Authorities say Santiago specialized treatments inside the almost 150% capacity and halfofthe confessed killing Lugo with his state's prison system. During the 16 Florida Prison Legal Perspectives month 'of Decemb~r 2007, state trays put. of their cells ,or used the state. who was a snitch. has been prisons began hemodialysis for fiye trays or utensils as' weapons, is , settled. The snitch filed a lawsuit prisoners with kidney failure. according to prispn officials, made, claiming that he was beaten and out of bread, vegetables and sexually assaulted by another UT- In an effort to ward off lawsuits powdered milk baked into a loaf. prisoner at the Rawlins State Prison. after being exonerated from a Prisoners, however, say the nasty. Moreover. he told prison officials he wrongful conviction, the state Senate' uneatable loaf is used fol' punishment feared retaliation for, snitching on his approved a bill that would give, an and sho~ld therefore only be served cousin, who was at the same prison. exonerated .person the average salary after, a formal' heai:ng is held ,~ and officials housed them together of a state worker, now $35.000 a determine if a prisoner actually while 'refusing to transfer him. The • • year. The bill was approved on committed an otIenseor"whether name of the snitch was not released January 22, 2008, but a cap was guards were just lying to get them on and details about the settlement were included to pay only for a maximum the loaf. An attorney representing ~e being kept confidential of 15 years for a wron~ful prisonerS, Seth Lipsclt~iz, said, conviction. "Even in prison you get a little bit of' WY- Wyoming state pai FLORIDA Office ofVital Statistics , Services: Membership-based Government POBox210· organization. Provides information . Jacksonville, FL 32231·0042. advocacy to state prisoners and their Governor (Charlie Crist) 904 1359-6900 " families and advocaies, Conducts PIA5, The Capitol grassroots organizing of prisoners' Tallahassee, FL 32399-0001 Maintains state birtWdeath certijicates. families and handles impact /itigation' 850/~88-4441 etc, concerning civil rights / administrative www.myOorida.com law affecting prisoners, their families Parole Commission and children, Publishes bl-montlily news Attorney General • 2601 Blair Stone Rd" Bldg. C journal.. "Florida Prison Legal PIAl, The Capitol Tallahassee, FL 32399·2450 . Perspectives. It Tallahassee, FL 32399-1050 850/922-0000 850/487-1963 www.mc.s~e.fl.us Florida Justice Institute www.oM.state.fl.US 2870 First Union Financial Ctr. •Public Service Commission 200 S. Biscayne Blvd. Department ofCorrections /. 2540 Shumard Oak Blvd, Miami, FL 33131-2310 Secretary Walt McNeil . Tallahassee, FL 32399-o8S0 30S/358-2081 2601 Blair Stone Rd, ·8S0/413-605S Fax: 30S/358-o910 . Tallahassee, FL 32399·2500 www .floridapsc,~oin www.FloridaLawHelp.com 850/488-7480 ., www,dc,st8te,fl,us' \.,. · Regulates in-state utilities. including Services,' Handles civil rights /itigation telephone services. concerning jail / prison conditions. Department ofHealth . ., Makes rej'e"aIsfor damage / civil-rights 2585 Merchants Row Blvd.' . , Florida House ofRepresentatives cases, Prison. advocacy. lobbying. Tallahassee, FL 32399 402 S. Moriroe Street develops strategies for alternatives to 850/245-4321 Tallahassee, FL 32399-1300 incarceration. www,doh,stlte,fl!us' . 850/488-1157 (Clerk) . www;flhouse.gov Florida Institutional Legal Ser., Inc, Department' ,of taw, ,EnforCement 1110-C NW 8111 Street . (poLE). ..' , Florida Senate Gainesville, FL 32601 POBox 1489 404 S. Monroe Street 35219SS-2260 Tallahassee, FL 32302-1489 Tallihassee, FL 32399-1100 Fax: 35219SS-2189 . 850/410-7000 850/487-5270 (Secretary) www.criminaljusticeforum.comlPrison www:fdle.state,fl,us www,flsenate,gQv Issues-FifesIFILS Department ofState , Websites contain contact 1"'0 for all 8.ervlces: Legal ass/stances to Florida PL-02, The Capitol { state legislalors; a copy of all current s(ate prisoners. Post conviction Tallahassee, FL 32399-0250 Florida laws (statutes); and bills thai assistance to three prisons only: FSP, 850/245-6500 " have been introduced in the Legislature UCI and FCl Impact lit/gation: www.dos.state.fl.us and their history, including in many conditions of confinement, civil rights, instances "staff analyses" valuable for ,,!edical, etc, Some individual services. Websites contallisoll lIa1e agencies' understanding legislaiive intent. rules (Florida Admlnlrtrative Code) and JAG Incarcerated Services "Florida Administrative. Weekly" P,O. Box 386 (FPLP) detailing current agency rulemaJdng Quincy, FL 32353 1"'0. . FLORIDA Legal Aid / Advocacy,Organizations Services: Prov;ces assistance/adVocacy Office ofExecutive Clemency on Florida DOC/Parole matters. Write (parole Commission) Florida Prisoners' Legal Aid Org" Inc.. for info on s.ervices andrates, 2601 Blair StOne ad. . POBox 1069 .. Bldg. C. Room 229 Marion NC 28752 FLORIDA Tallahassee, FL 32399-2450 www.floridaprisons.net Attorneys 8501488-2952 .' mlp@aol,cqm Loren Rhoton, Attorney Rhoton &. Hayman, P.A, 18 Florida Pris~D Legall Penp~ctives 412 E. Madison St., Ste. 1111 LexisNexis. These are excellent books assistance and referrals to Jewish Tampa, FL 33602 covering Florida-specific legal topics, prisoners andtheirfamilies. 813/226-3138 such as Administrative Law, Appellate E-mail: motonI67@ao\.com . Practice, Family Law, Legal Research Legal Writing, Trial Practice, Civil Law. Kairos Outside Specializes in Florida post conviction, Rules ofCourt, etc. To obtain more i""o 140 N. Orange Ave., #180 direct appeals, sentence corrections, new and prices for available publications in Winter Park, FL 32789 trials. federal habeas corpus, 3.850, ~he CLE series contact: LexisNexis, 407/629-4948 3.800 ' Attn: 'Order Fu/flllment, 1275 www,kjarosprisonminjstry,or,g Broadway, Albany, NY /2204 (ph# 800/ .kairosjo@ao!.com David W. Collins, Attorney 562-//97). Ask for Flo. Bar CLE POBox 541 Publication catalog. Services: Provides men/oring, religious Monticello, FL 3'2345 ministry, family reunification sup'port 850/997-8111 "Post Conviction Relief for the Florida and weekend retreats for female adults Prisoner" with incarceratedlavedones. Specializes in all area ofpost conviction relief, including, app~als, 3.850,3.800 ..A collection in book form of Tampa Prison CoMectiOn, Inc. state-federal J!abeas corpus, parole attorney Loren Rhoten's Postconviction 18S9 Polo Lake Dr. East hearings, clemency; etc. comer articles based on professional Wellington, FL 33414 experience, to relevant rules of 8881218-8464 Daniel D. Mazar, Attorney procedure. Price $20. To order iend' www.theprisonconnection.com 2153 Lee Road money order, CQShier's or inmate bank [email protected] .. Winter Park, FL 32789 check to Loren Rhoten, Attorney 1-888-64S-53S2(Toll free) (address listed In "Florida Attorneyt" 407/645-5352 section abave) or 'Order online at. NATIONAL' 407/645-3224 (Fax) www.r~Otonpostconviction.com Newsletters/Journals Provides representation in Direct "2007 Govemment-in-the-sunshine california Prison Focus Appeals, Belated Appeals, 3.850 Manual" 2940 161!l Street, Ste. BS motions, 3.800 motions, State and Fed San Francisco,CA 94103 Habeas Corpus, Detainers, and other Manual covering Florida Sunshine Laws wWw.prisons.org Post Conviction matters. Over 30 yrs. (open public meetings andrecords laws) expo In criminal law. published by The Fir~t Amendment Quarterly news journal reports on Foundation. Price $15.95 check or issues/conditions in CA SHU prisons. Michael Ufferman, Attorney money order to: First Amendment Some national info. Prisoners $4 per 2022-1 Raymond Diehl Rd Foundation, 336 E. Coliege Ave.,' Ste yr., all others $20. .Sample copy $1. Tallahassee, FL 32308 /0/, Tallahassee, FL·32301. Credit card 850/386-2345 orders call. 85(J1224-4555 or order www.uffermanlaw.com online at www.jloridafaf.org Add'7.5% FAMMGram state sales tox to $15.,95 payment. 1612 Ie St., NW, Ste. 1400 Provides representation in State and Washington, DC 20006 Federal Criminal POst Conviction FLORIDA www,famm,org Motions. Payment plans av~i/able. Other G~oups ~ Organizations Quarterly news journal focused on fight Citizens United for Alternatives to the against mandatory minimum prison -The hiring of an al/orney is an Death Penalty sentences. Published by Families important decision that should not be 177 N. US Hwy I, Ste. B-297 Against Mandatory Minimums - a based solely upon aavertisements. Teque5t;'FL 33469 National organization. Prisoners $/0 Before you decide. ask the aUorney to individuals $25, professionals $50. send you free written information about Services: Grassroots organizing of Membership-based organization. their qualifications. people opposedto death penalty. Fortune News Aleph Institute 53 W. 231'1I St., 81b Floor FLORIDA 9540 Collins Ave. New York, NY 10010 BooksIPublicatlonslJournals Surfside, FL 33154 www,fortunesocietv,org l&al 305/ 864-5553 . www,aleph-jnstitute,om Quarterly magazine of the Fortune Continuing Legal Education Publications admjn@aJeph-institute,org society carrying wide variety ofarticles (CLE) and i""o about prisons, prisoners, Services: Provides Jewish .religious crimina/justice. rehabilitation, etc, Free CLE pub/lcations are produced by the education, counseling, emergency to prisonen. Florida Bar in collaboration with 19 re~pectives . I ." Florida Prison, Legal . Book 'em . P.O. Box 71357 Hepatitis C Awareness News Coalition for Prisoners,Rights Newsletter Pittsburg, PA 15213 PO Box 41803 P.O. Box 1911 Eugene, OR 97404 Santa Fe. NM 87504 MEP P.O. Box 5311· Bi-monthly newsletter published ~ by Prison-related newsletter published Madison, WI 53705 hepatitis C Prison Coalition with news montJdy. Free to prisoners and their and info about Hep C and llIVlHCV,.. families. all others S12 per yr. DC Prisoners Book Project Free upon request, but stamp donations Donations/stamps appreciated to help P.O. Box 5206 needed and. welcomed with publishing/mailing. HyattsvilJe~ MD 20782 NATIONAL, . Bound Together Bookstore Justice Matters . Book Projects Prison Literature Project PO Box 40085 1369 Haight St. Portland, OR 97240-0085 The, following sources provide free San Francisco. CA 94117 books to prisoners. liIowever, these Quarterly newsletter published by the . projects rely on volunteers and donations NATIONAL Western Prison Project. Prisoners $7 . to operate, Whenever possible, prisoners Resource Lists per year, $15 all others. Good resource should help these projects when Info. requesting free books by sending a few "ACLU Prisoner Assistance Directory" stamps for postage. . Requests for (Florida prispnerssee Volume 4. of· specific books can rarely be honored, "Prisoners and the Law" in major Prison Legal News . instead, request books by type. e.g. institutions' law library-'contains above 21190 NW 80lh St. #148 mystery, legal, historical, novel, etc. directory.) , . Seattle, WA 98117 Requests are usually limited to 2'or 3 Web site: www,pdsonlegalnllws.org books at a time. . . UResource Directory for Prisonersu Naljor Prison Dhanna Service Monthly journal carries summaries and PO Box 7417· analysis ofrecent prisoner rights casu, Books Through Bars . Boulder. CO 80304 .' self-help litigation articles, prison 4722 Baltimore Ave. www.naljor.com . \ ., . r~/ated news. Prisoners SI8 per year, Phil~elphia, PA. 19143-3503 (Directory can be printed off·website for S25 others. Sample copy $1. free.) Prison Book Program Nolo News clo.LucyParsons Ctr. & Boo!cstore "National Prisoner Resource List" . 50 Parker St. 1306 Hancock St., Ste 100 ovailablefree from: '. Berkeley, CA 94710' Quincy. MA 02169 Prison Book Program 1306 Hancock St, Ste 100 Quarterly selfhelp newsletter covers' Quincy. MA 02169 (non-prison) civil /ltlgatlon issues..,Two- . year subscription S12. Prison Book Project "Resource and Organizing Guide" PO Box 396 oval/ablefrqm,' Upendra Dasa Amherst, MA 01004-0396 Prison activist Resource Center P.O, Box 9116 PO Box. 339 Boise, ID 83707-9116 . Prison Book Project Berkeley, CA 94701 . P.O. Box 1146 (Donation/stamps requested to help Free materials 01" Krishna· Sharpes, FL 32959 offietprinting/mailing costs.) ConsciollSne.u Subterranean Prison Books . "Directory ofPrograms Serving Families Liberation Prison Project 9 E. Gregory ofAdult Offenders" P.O. Box 31527 ., Pensacola, FL 3250I available free from.' San Francisco. CA 94131 National Institute ofCorrections (' Wayward Council Books Infonnation Center. , Offers Buddhist materials Gainesville Books for Prisoners 1860 Industrial Circle. Ste. A P.O. Box 12164 Longmont, CO 8050I Human Kfudness Foundation Gainesville. FL 32604 P.O. Box 61619 Durham, NC 27715 Books 4 Prisoners NATIONAL clo Groundwork's Books Grou,pSJOrganlzations Free interfaith spiritual books and., .0323 Student Center newsletter. La Jolla, CA 92037 The Sentencing Project 20 Florida Prison Legal Penpective& 918 F. St., NW, Ste. 501 .www.nationalclemencyprojeet.com ~ printed from the above website at no Washington, DC 20004 cost. 2021 628-0871 Services: Provides technical assistance Criminon Grani Publications to develop alternative sentencing P.O. Box 7727 (FPLP) Alicc',S. Grant programs and conducts research on Clearwater, FL 33758 P.O. Box 28812 criminal justice .issues.· No direct Greenfield, WI 53228-0812 services to prisoners. Providesfree self-help courses. ,,- Discount" magazine subscription service for prisoners; Sf!nd SASEfor price list. , , Stop Prisoner Rape 3325 Wilshire ·Blvd., Ste. 340 Los Angeles, CA 90010 Vietnam Veterans ofAmerica www·sptOrg 8605 Cameron St., Ste 400 Sun ~ubscriptions Silver Spring, MD 20910 915 Densmore Dr. SPR works to end sexual violence www.vva.org Winter Park, FL 32792 against prisoners: Counseling resource guides for prisoners and released rape Publishes "From Felon to Freedom" a . Discount magazine subscription service. yictlms and advocates are availablelor: pre-release guide· for· imprisoned Write/or price list. AI., AZ, CA, CO, FL, GA, IL, LA, OK, veterans. Wrile for more info. . OR. MI, MS, NC, NY, TX WI or {When· contacting the above discount nationwide.· Specify state with request. Salvation Army magazine services, please let them bulw P.O. Box 269 that you learned about them. in Florida· Amnesty International, USA Alexandria, VA 22313 Prison Legal Perspectives.] 322 Eighth Ave. New York, NY 10001 Has parole/probation programs .in· www·amnestv.org almost every major city. Writelor info. INTERNET RESOURCES AI 'Is an Independent, international Correct HELP Information on the Internet is available organization that works to protect P.O..Box 46267 to prisoners with family or mends on the human rights., West Hollywood, CA 90046 outside ,with online access who will print HIV Hotline 323/822·3838 and lJlail material in. The amount ofinfo CURE (Citizens United for on the 'Net' is tremendous. Info on Rehabilitation ofErrants) Provides info related to HIV, Contact If almost any subject can be fOund online. National capitol Station you can't access progrf:!1nS or are not The following lists some websites that PO Box 3210 receiving proper medication. .may be useful for info•. Washington, DC 20013 2021789-2126 LegallLeglslative www.cuo;national.org NATIONAL Services General Services: Organizes prisoners and their families to work for criminal justice Let My Fingers Do Your Typing www.lawcrawletcom reform. Many state chapters. PO Box 4178·FPLP Searches government and other sites for Winter Park, FL 32793-4178 law. National Death Row Assistance Network ofCURE Services: Professional typing· services www.no!o.com Claudia Whitman by mail. Computer, typewriter, Provides some general legal irifo and 6TolmanRd. transcription, black/color printing and sells books on wide variety 0/ legal Peaks Island, ME 04108 photocopying. Free price list upon topics useful to the public. www,ndran.org request. Special rateslor prisoners. www.findlaw.com NDRAN is a new CURE project formed center for Constitutional Rights Good sitelor searching out federal and to help death row prisoners across u.s. 666 Broadway state law. gain access to legal, financial and New York, NY 10012 community support and to assist www.jailhouselaw.org www,washlaw,edu prisoners' efforts to act as self Legal search engineforloco/ing primary advocates. CCR is one of the organizations that legal sources at the federal and stale cooperates to produce the "Jailhouse levels. National Clemency Project (FPLP) Lawyer's Man.ual. "Copies olthe manual 8624 Camp Columbus Rd. are provided to prisoners at no charge. www.prisonactivists.om Hixson, TX 37343 The JLM can also be downloaded and 21 Florida Prison Legal Perspectives • ".. . . Provides wide variety ofprison-related University 01 Florida law library Florida Prison Legal info. Includes large "LinJc" section to website. Perspectives m.any other related legal and nonlegal websites. . www.stetson.edu(~epartments/!jbmryl!a Attn: Resource List ~ POBox 1069 www.martindale.com .Stetson University law library website. Marion, NC 2S752 Provides info ,on lawyers nationwide, tplp@ao!.cqm including contact info. area ofpractice, www.legal.fim.edu how long. dc. Posts the "Government in the Sunshine Please f~1 free to copy and distribute Manual" (Public meetings and public this resource list to others.• Federal recot'ds manual). www.thODl8S.IQC,gov .. www·Oabar.orglnewOabar/memberservic Sourceforfederal legislative malerial. eslCLE . Sells continuing Legal Education series www.uscourts.goy oflegal books concerning Fla.law. TV P I· N' G Links and information about u.s. Supreme and otherfederal cOurts. Florida Supreme Court: . SERVICE· Www.fJcourts.orn. "' Computer· Typewriter' www.call.U5COUrts.goy Eleventh Circuit COUl't of Appeal District Courts ofAppeal: AL L KIN DS OF TYPIN G websile. First DCA: www.ldca,org Including but not lim"ed to: Second DCA: vimv.2dca.org . Legal Briefs, TeXt Documents, _#?~ www,flnd,uscourts·goy Third DCA: www.3dca,Oxourts.org Newstetteis, Articles, Books, Us. District Court. Northern District of Fourth DCA: www.4dca;org Manuscrfpts, Database, Charts, Florida website. . Fifth DCA: www,Sdca.org Fonns, Flyers, Envelopes, ETC, www.f1md.t!scourts·gov Circuit Courts: alack I Color Printing &. Copying U.S. District COUI'I. Middle District of III Circuit: www,tirstjudicialcin:uitorg Florida wemite. 2nd Circuit: www.2ndclrcuILleon.fJ.us "SPECIAl. RAlfS FOR PBJBOHERSD 3M Circuit: www,;ud3.flcourts.org PRICE LIST 4lbcircuit:www,coj.netJDepartments!Fgu FORA "FREE" ANi> www.fJsd:uscoYrts.goy MORE INFORMATION A .U.s. Dutrict Court. Southern Duirict of J1h+,Judlcial+Cjn;uit+Courtldefiuilt.htm SEND SASE TO: Florida website. 5~in:uit ., hP;!0tid5,fJcourts.orglcourtsiindex,htm LET MY' FINGERS 6 Circuit: ·www.jud6.om . DO YOUR -TYPING 7t1J Circuit www.cin:uit7.gm . www.myfloridacom . St!l C~uit: www.cin;ujtS.om. Sandra Z. Thomas' Links to state agency and government . 9t!l Circqit:; m,ninja9,org . PO Box 4178 offices' websltes. IOt!lC~~;www,judIO,org . wrnter Park, FL 3279~178 IIIII Circuit: Iittn;lljudlUlcgurts,org Phone: 407-579-5513 .. Cirqqi~ www,Osenate.g9Y c' 12':" httniU12circuitstale.O,us www·Ohouse.gov 1311> Circuit: http;laudI3,Ocourts,org 14lb Circuit·· for information call ·850- Florida Legislature's wehsite.s, Provides . 747-5327 .., dir~01 state legislators; completi ISlb Circuit: Florida statutes (laws): Senate'. and !Jt'!,co.pglmbeach,fJ,uslcadmln . CRIMINO~ House bills, bill histories and analyses, 16 CirCuit: www';udI6,f1courts,qrg (An inmate education organization) 1h l7 -~in:uit: www.l7tb,flcqurts.org www·flcourts·grn. ISIh Sttcuit www';udI8.0cqurts,qrg Stuck in the "system?" Took a Provides directory and links to Florida 191h Circuit: www,cin;ult19,org wrong tum? Need a change? Write courts" websites. 201h Circuit: www.ca.ci!s20.org and ask for the free "'The Way to Happiness" correspondence course www,FCLA.edu from: Florida Stale University law /Ibrary FPLP updates this ,list on a continuing website. basis as a service to readers. Please let us Criminon Florida - FPLP6 know ifyou are aware ofother resources P.O. Box 7727 Clearwater, FL that prisoners, their families or advocates 33758 • www.law.mjaroj,eduJIibrary maybe interested In at the below address University ofMlaml/aw library website. or by e~ail: www.law.uO.edu 22 FloridaPri son·LegaI Pers peet i v es Florida Prisoners' Legal Aid Organization Inc. BECOME A MtMBER" , /', YES '! I wish to b~me a member ofFlorid~ Prisonerst Legal Aid'Organization, Inc. ' I ;";" 1. Please Check .;' One: 3. Your Name and Address (PLEASE PRINT) o Membership Renewal _~ DC# _ Name o New Membership Agen~lLibraryllnstitDtion IOrg! 2. Sel~t .;' Category a SIS Family/A~vocatelIndividUaI CI $10 Prisoner ' '., ., City; State Zip CJ $3,9 AttorneyslProfessionals a ~60 Govtt AgenciesILibrarieslOrgsJetc. ' EmailAd~ and lor Phone Number PI~ make all checks or money orders payable to Florida'Prisoners' Legal Aid Org.,lne. Please complete the above fonn and send it along with the indicated membership dues to: FPLAO, Inc., P.O. Box 106~, Marlon NC 287~. Fbrjfamily members or loved ones ofFlorida prisoners who arc unable to afford the basie membership dues, ~y contrlbl,ltlon is acceptable fo.r mCJilbcrship. Memberships run oneycar.lfyou would like to make a donation to FPLAO, Inc.. to hclp thc organization Continue Its worle for l?rlsoners and ..thcir families, send donations In any amount to the same address. Thank You. All members receive Florida Prison Legal Perspectives. ' Criminal Appeals Stale and Federill Advertise in FPLP Criminal Postconviction Motions FcderJI Habeas Petitions Slale 3.850 and 3,800 I\-'ollons Reach new clients or MICHAEL UFFERMAN customers th~ough advertising ,\ II"rl1e~·-;II,I.a\\" 2022,1 Raymond Diehl Rd .• Tnllnhasscc, FL 32308 in Florida Prison Legal Perspectives. To obtain 850-386-2345 . advertising and rate WWW.\lfft::rnllllllllw.com information write or email us CREDIT CARDS ACCEPTED FilEE CONSULTATION PAn.1ENT PLANS AVAILABLE at: FPLP Attn: Advertising P.O. Box 1069 Marion, NC 28752 Or 23 ,. =: Q >~ ~ ~ •3 ? • ~ I!J " i:! ;; :t < ~ :z ~ ~ 0 m .... ; '"~ _ •3 C ~ 3:: ~ ~~ ~ m :1j - c: ~ ·;.n.- 3: ... 10 " ;; ~ 0 ~